2 from Kansas firm guilty in Pa. brine dumping

Two men from a Kansas oil-drilling firm pleaded guilty Tuesday to illegally dumping 200,000 gallons of brine water down an abandoned well in Pennsylvania's only national forest.

The pollution by Swamp Angel LLC in the Allegheny National Forest could contaminate groundwater and streams, but authorities have not linked any water damage conclusively to the pollution, acting U.S. Attorney Robert Cessar said.

The pleas before a federal judge in Erie should send a signal to oil and gas drillers to properly dispose of brine, a saltwater byproduct of the drilling process that sometimes also contains metals, Cessar said.

"These guys were drilling oil wells, produced this brine water and decided they weren't going to pay for its disposal," Cessar said. "This is the result of them getting caught. That's the case in a nutshell."

The Wichita-based company's part-owner, 66-year-old Michael Evans, of La Quinta, Calif., and the company's site supervisor, 54-year-old John Morgan, of Sheffield, Pa., each pleaded guilty to felony violations of the federal Safe Drinking Water Act.

Under the law, brine must either be hauled away and treated at a sewage treatment plant or dumped into an abandoned well, provided permits are obtained. Permits weren't obtained in this case, but are required to ensure measures are taken so the water won't leach into the ground and pollute groundwater and nearby streams, Cessar said.

Cessar said he didn't know how much it would have cost Swamp Angel to have disposed of the water properly.

As part of Tuesday's plea agreements, the company is also paying about $20,000 to reimburse the U.S. Forest Service for the unrelated clean up of some metal drums and other materials left behind by drilling, Cessar said. The company also will hire an independent contractor to audit its work, come up with a waste-disposal plan and develop an orientation for employees on environmental matters, Cessar said.

Defense attorney Matthew Wolford, who represents Morgan, declined to comment. Philip Friedman, who represents Evans, did not immediately return a call for comment.

Cessar said the brine was dumped in a section of the forest in McKean County from April 2007 through January 2008.

The 800-square-mile forest in northwestern Pennsylvania has been the focal point of legal battles between environmentalists, who want to stop drilling, and the Forest Service, which aims to allow it but limit its environmental impact.

Cessar said brine disposal figures to become a larger issue due to the expected growth of natural gas wells - which also result in brine - in Pennsylvania.

"These producers have to get the message they cannot do this. This is a public health risk," Cessar said. "This is about public safety."

Evans and Morgan each face up to three years in prison and $250,000 in fines when they're sentenced June 24.